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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Section 12-13 as follows:
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6 | (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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7 | Sec. 12-13. Criminal Sexual Assault.
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8 | (a) The accused commits criminal sexual assault if he or | ||||||||||||||||||||||||||
9 | she:
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10 | (1) commits an act of sexual penetration by the use of | ||||||||||||||||||||||||||
11 | force or threat of
force; or
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12 | (2) commits an act of sexual penetration and the | ||||||||||||||||||||||||||
13 | accused knew that the
victim was unable to understand the | ||||||||||||||||||||||||||
14 | nature of the act or was unable to give
knowing consent; or
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15 | (3) commits an act of sexual penetration with a victim | ||||||||||||||||||||||||||
16 | who was under 18
years of age when the act was committed | ||||||||||||||||||||||||||
17 | and the accused was a family
member; or
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18 | (4) commits an act of sexual penetration with a victim | ||||||||||||||||||||||||||
19 | who was at
least 13 years of age but under 18 years of age | ||||||||||||||||||||||||||
20 | when the act was committed
and the accused was 17 years of | ||||||||||||||||||||||||||
21 | age or over and held a position of trust,
authority or | ||||||||||||||||||||||||||
22 | supervision in relation to the victim.
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23 | (b) Sentence.
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1 | (1) Criminal sexual assault is a Class 1 felony.
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2 | (2) A person who is convicted of the offense of | ||||||
3 | criminal sexual assault as
defined in paragraph (a)(1) or | ||||||
4 | (a)(2) after having previously been convicted of
the | ||||||
5 | offense of criminal sexual assault, or who is convicted of | ||||||
6 | the offense of
criminal sexual assault as defined in | ||||||
7 | paragraph (a)(1) or (a)(2) after having
previously been | ||||||
8 | convicted under the laws of this State or any other state | ||||||
9 | of an
offense that is substantially equivalent to the | ||||||
10 | offense of criminal sexual
assault, commits a Class X | ||||||
11 | felony for which the person shall be sentenced to a
term of | ||||||
12 | imprisonment of not less than 30 years and not exceeding | ||||||
13 | natural life imprisonment of not less than 30 years and not | ||||||
14 | more than 60 years . The
commission of the second or | ||||||
15 | subsequent offense is required to have been after
the | ||||||
16 | initial conviction for this paragraph (2) to apply.
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17 | (3) A person who is convicted of the offense of | ||||||
18 | criminal sexual assault as
defined in paragraph (a)(1) or | ||||||
19 | (a)(2) after having previously been convicted of
the | ||||||
20 | offense of aggravated criminal sexual assault or the | ||||||
21 | offense of predatory
criminal sexual assault of a child, or | ||||||
22 | who is convicted of the offense of
criminal sexual assault | ||||||
23 | as defined in paragraph (a)(1) or (a)(2) after having
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24 | previously been convicted under the laws of this State or | ||||||
25 | any other state of an
offense that is substantially | ||||||
26 | equivalent to the offense of aggravated criminal
sexual |
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1 | assault or the offense of criminal predatory sexual assault | ||||||
2 | shall be
sentenced to a term of natural life imprisonment. | ||||||
3 | The commission of the second
or subsequent offense is | ||||||
4 | required to have been after the initial conviction for
this | ||||||
5 | paragraph (3) to apply.
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6 | (4) A person who is convicted for a
A second or | ||||||
7 | subsequent offense
conviction for a violation of paragraph
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8 | (a)(3) or (a)(4) or under any similar statute of this State
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9 | or any other state for any offense involving criminal | ||||||
10 | sexual assault that is
substantially equivalent to or more | ||||||
11 | serious than the sexual assault prohibited
under paragraph | ||||||
12 | (a)(3) or (a)(4) shall be sentenced to a term of | ||||||
13 | imprisonment of not less than 25 years and not exceeding | ||||||
14 | natural life imprisonment
is a Class X felony .
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15 | (5) (Blank).
When a person has any such prior | ||||||
16 | conviction, the information or
indictment charging that | ||||||
17 | person shall state such prior conviction so as to give
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18 | notice of the State's intention to treat the charge as a | ||||||
19 | Class X felony. The
fact of such prior conviction is not an | ||||||
20 | element of the offense and may not be
disclosed to the jury | ||||||
21 | during trial unless otherwise permitted by issues
properly | ||||||
22 | raised during such trial.
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23 | (Source: P.A. 90-396, eff. 1-1-98.)
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24 | Section 10. The Unified Code of Corrections is amended by | ||||||
25 | changing Section 5-8-1 as follows:
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1 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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2 | Sec. 5-8-1. Sentence of Imprisonment for Felony.
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3 | (a) Except as otherwise provided in the statute defining | ||||||
4 | the offense, a
sentence of imprisonment for a felony shall be a | ||||||
5 | determinate sentence set by
the court under this Section, | ||||||
6 | according to the following limitations:
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7 | (1) for first degree murder,
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8 | (a) a term shall be not less than 20 years
and not | ||||||
9 | more than 60 years, or
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10 | (b) if a trier of fact finds beyond a reasonable
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11 | doubt that the murder was accompanied by exceptionally
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12 | brutal or heinous behavior indicative of wanton | ||||||
13 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
14 | of this Section, that any of the aggravating factors
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15 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
16 | Code of 1961 are
present, the court may sentence the | ||||||
17 | defendant to a term of natural life
imprisonment, or
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18 | (c) the court shall sentence the defendant to a | ||||||
19 | term of natural life
imprisonment when the death | ||||||
20 | penalty is not imposed if the defendant,
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21 | (i) has previously been convicted of first | ||||||
22 | degree murder under
any state or federal law, or
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23 | (ii) is a person who, at the time of the | ||||||
24 | commission of the murder,
had attained the age of | ||||||
25 | 17 or more and is found guilty of murdering an
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1 | individual under 12 years of age; or, irrespective | ||||||
2 | of the defendant's age at
the time of the | ||||||
3 | commission of the offense, is found guilty of | ||||||
4 | murdering more
than one victim, or
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5 | (iii) is found guilty of murdering a peace | ||||||
6 | officer, fireman, or emergency management worker | ||||||
7 | when
the peace officer, fireman, or emergency | ||||||
8 | management worker was killed in the course of | ||||||
9 | performing his
official duties, or to prevent the | ||||||
10 | peace officer or fireman from
performing his | ||||||
11 | official duties, or in retaliation for the peace | ||||||
12 | officer,
fireman, or emergency management worker | ||||||
13 | from performing his official duties, and the | ||||||
14 | defendant knew or should
have known that the | ||||||
15 | murdered individual was a peace officer, fireman, | ||||||
16 | or emergency management worker, or
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17 | (iv) is found guilty of murdering an employee | ||||||
18 | of an institution or
facility of the Department of | ||||||
19 | Corrections, or any similar local
correctional | ||||||
20 | agency, when the employee was killed in the course | ||||||
21 | of
performing his official duties, or to prevent | ||||||
22 | the employee from performing
his official duties, | ||||||
23 | or in retaliation for the employee performing his
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24 | official duties, or
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25 | (v) is found guilty of murdering an emergency | ||||||
26 | medical
technician - ambulance, emergency medical |
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1 | technician - intermediate, emergency
medical | ||||||
2 | technician - paramedic, ambulance driver or other | ||||||
3 | medical assistance or
first aid person while | ||||||
4 | employed by a municipality or other governmental | ||||||
5 | unit
when the person was killed in the course of | ||||||
6 | performing official duties or
to prevent the | ||||||
7 | person from performing official duties or in | ||||||
8 | retaliation
for performing official duties and the | ||||||
9 | defendant knew or should have known
that the | ||||||
10 | murdered individual was an emergency medical | ||||||
11 | technician - ambulance,
emergency medical | ||||||
12 | technician - intermediate, emergency medical
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13 | technician - paramedic, ambulance driver, or other | ||||||
14 | medical
assistant or first aid personnel, or
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15 | (vi) is a person who, at the time of the | ||||||
16 | commission of the murder,
had not attained the age | ||||||
17 | of 17, and is found guilty of murdering a person | ||||||
18 | under
12 years of age and the murder is committed | ||||||
19 | during the course of aggravated
criminal sexual | ||||||
20 | assault, criminal sexual assault, or aggravated | ||||||
21 | kidnaping,
or
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22 | (vii) is found guilty of first degree murder | ||||||
23 | and the murder was
committed by reason of any | ||||||
24 | person's activity as a community policing | ||||||
25 | volunteer
or to prevent any person from engaging in | ||||||
26 | activity as a community policing
volunteer. For |
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1 | the purpose of this Section, "community policing | ||||||
2 | volunteer"
has the meaning ascribed to it in | ||||||
3 | Section 2-3.5 of the Criminal Code of 1961.
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4 | For purposes of clause (v), "emergency medical | ||||||
5 | technician - ambulance",
"emergency medical technician - | ||||||
6 | intermediate", "emergency medical technician -
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7 | paramedic", have the meanings ascribed to them in the | ||||||
8 | Emergency Medical
Services (EMS) Systems Act.
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9 | (d) (i) if the person committed the offense while | ||||||
10 | armed with a
firearm, 15 years shall be added to | ||||||
11 | the term of imprisonment imposed by the
court;
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12 | (ii) if, during the commission of the offense, | ||||||
13 | the person
personally discharged a firearm, 20 | ||||||
14 | years shall be added to the term of
imprisonment | ||||||
15 | imposed by the court;
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16 | (iii) if, during the commission of the | ||||||
17 | offense, the person
personally discharged a | ||||||
18 | firearm that proximately caused great bodily harm,
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19 | permanent disability, permanent disfigurement, or | ||||||
20 | death to another person, 25
years or up to a term | ||||||
21 | of natural life shall be added to the term of
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22 | imprisonment imposed by the court.
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23 | (1.5) for second degree murder, a term shall be not | ||||||
24 | less than 4 years
and not more than 20 years;
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25 | (2) for a person adjudged a habitual criminal under | ||||||
26 | Article 33B of
the Criminal Code of 1961, as amended, the |
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1 | sentence shall be a term of
natural life imprisonment;
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2 | (2.5) for a person convicted under the circumstances | ||||||
3 | described in
paragraph (3) of subsection (b) of Section | ||||||
4 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
5 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
6 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
7 | Criminal Code of 1961, the sentence shall be a term of | ||||||
8 | natural life
imprisonment;
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9 | (3) except as otherwise provided in the statute | ||||||
10 | defining the
offense, for a Class X felony, the sentence | ||||||
11 | shall be not less than 6
years and not more than 30 years;
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12 | (4) for a Class 1 felony, other than second degree | ||||||
13 | murder, the sentence
shall be not less than 4 years and not | ||||||
14 | more than 15 years;
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15 | (5) for a Class 2 felony, the sentence shall be not | ||||||
16 | less than 3
years and not more than 7 years;
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17 | (6) for a Class 3 felony, the sentence shall be not | ||||||
18 | less than 2
years and not more than 5 years;
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19 | (7) for a Class 4 felony, the sentence shall be not | ||||||
20 | less than 1 year
and not more than 3 years.
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21 | (b) The sentencing judge in each felony conviction shall | ||||||
22 | set forth
his reasons for imposing the particular sentence he | ||||||
23 | enters in the case,
as provided in Section 5-4-1 of this Code. | ||||||
24 | Those reasons may include
any mitigating or aggravating factors | ||||||
25 | specified in this Code, or the
lack of any such circumstances, | ||||||
26 | as well as any other such factors as the
judge shall set forth |
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1 | on the record that are consistent with the
purposes and | ||||||
2 | principles of sentencing set out in this Code.
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3 | (c) A motion to reduce a sentence may be made, or the court | ||||||
4 | may reduce
a sentence without motion, within 30 days after the | ||||||
5 | sentence is imposed.
A defendant's challenge to the correctness | ||||||
6 | of a sentence or to any aspect of
the sentencing hearing shall | ||||||
7 | be made by a written motion filed within 30 days
following the | ||||||
8 | imposition of sentence. However, the court may not increase a
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9 | sentence once it is imposed.
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10 | If a motion filed pursuant to this subsection is timely | ||||||
11 | filed within 30 days
after the sentence is imposed, the | ||||||
12 | proponent of the motion shall exercise due
diligence in seeking | ||||||
13 | a determination on the motion and the court shall
thereafter | ||||||
14 | decide such motion within a reasonable time.
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15 | If a motion filed pursuant to this subsection is timely | ||||||
16 | filed within 30 days
after the sentence is imposed, then for | ||||||
17 | purposes of perfecting an appeal, a
final judgment shall not be | ||||||
18 | considered to have been entered until the motion to
reduce a | ||||||
19 | sentence has been decided by order entered by the trial court.
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20 | A motion filed pursuant to this subsection shall not be | ||||||
21 | considered to have
been timely
filed unless it is filed with | ||||||
22 | the circuit court clerk within 30 days after
the sentence is | ||||||
23 | imposed together with a notice of motion, which notice of
| ||||||
24 | motion shall set the motion on the court's calendar on a date | ||||||
25 | certain within
a reasonable time after the date of filing.
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26 | (d) Except where a term of natural life is imposed, every |
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1 | sentence
shall include as though written therein a term in | ||||||
2 | addition to the term
of imprisonment. For those sentenced under | ||||||
3 | the law in effect prior to
February 1, 1978, such term shall be | ||||||
4 | identified as a parole
term. For those sentenced on or after | ||||||
5 | February 1, 1978, such term
shall be identified as a mandatory | ||||||
6 | supervised release term. Subject to
earlier termination under | ||||||
7 | Section 3-3-8, the parole or mandatory
supervised release term | ||||||
8 | shall be as follows:
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9 | (1) for first degree murder or a Class X felony except | ||||||
10 | for the offenses of predatory criminal sexual assault of a | ||||||
11 | child, aggravated criminal sexual assault, and criminal | ||||||
12 | sexual assault if committed on or after the effective date | ||||||
13 | of this amendatory Act of the 94th General Assembly, 3 | ||||||
14 | years;
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15 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
16 | the offense of criminal sexual assault if committed on or | ||||||
17 | after the effective date of this amendatory Act of the 94th | ||||||
18 | General Assembly, 2 years;
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19 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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20 | (4) for defendants who commit the offense of predatory | ||||||
21 | criminal sexual assault of a child, aggravated criminal | ||||||
22 | sexual assault, or criminal sexual assault, on or after the | ||||||
23 | effective date of this amendatory Act of the 94th General | ||||||
24 | Assembly, the term of mandatory supervised release shall | ||||||
25 | range from a minimum of 3 years to a maximum of the natural | ||||||
26 | life of the defendant;
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1 |
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2 | (4.5) for defendants who commit a second or subsequent | ||||||
3 | offense of criminal sexual assault on or after the | ||||||
4 | effective date of this amendatory Act of the 95th General | ||||||
5 | Assembly, the term of mandatory supervised release shall be | ||||||
6 | the natural life of the defendant; | ||||||
7 | (5) if the victim is under 18 years of age, for a | ||||||
8 | second or subsequent
offense of aggravated criminal sexual | ||||||
9 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
10 | the first 2 years of which the defendant shall serve in an
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11 | electronic home detention program under Article 8A of | ||||||
12 | Chapter V of this Code.
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13 | (e) A defendant who has a previous and unexpired sentence | ||||||
14 | of
imprisonment imposed by another state or by any district | ||||||
15 | court of the
United States and who, after sentence for a
crime | ||||||
16 | in Illinois, must return to serve the unexpired prior sentence | ||||||
17 | may
have his sentence by the Illinois court ordered to be | ||||||
18 | concurrent with
the prior sentence in the other state. The | ||||||
19 | court may order that any time
served on the unexpired portion | ||||||
20 | of the sentence in the other state,
prior to his return to | ||||||
21 | Illinois, shall be credited on his Illinois
sentence. The other | ||||||
22 | state shall be furnished with a copy of the order
imposing | ||||||
23 | sentence which shall provide that, when the offender is
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24 | released from confinement of the other state, whether by parole | ||||||
25 | or by
termination of sentence, the offender shall be | ||||||
26 | transferred by the
Sheriff of the committing county to the |
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1 | Illinois Department of
Corrections. The court shall cause the | ||||||
2 | Department of Corrections to be
notified of such sentence at | ||||||
3 | the time of commitment and to be provided
with copies of all | ||||||
4 | records regarding the sentence.
| ||||||
5 | (f) A defendant who has a previous and unexpired sentence | ||||||
6 | of imprisonment
imposed by an Illinois circuit court for a | ||||||
7 | crime in this State and who is
subsequently sentenced to a term | ||||||
8 | of imprisonment by another state or by
any district court of | ||||||
9 | the United States and who has served a term of
imprisonment | ||||||
10 | imposed by the other state or district court of the United
| ||||||
11 | States, and must return to serve the unexpired prior sentence | ||||||
12 | imposed by
the Illinois Circuit Court may apply to the court | ||||||
13 | which imposed sentence to
have his sentence reduced.
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14 | The circuit court may order that any time served on the | ||||||
15 | sentence imposed
by the other state or district court of the | ||||||
16 | United States be credited on
his Illinois sentence. Such | ||||||
17 | application for reduction of a sentence under
this subsection | ||||||
18 | (f) shall be made within 30 days after the defendant has
| ||||||
19 | completed the sentence imposed by the other state or district | ||||||
20 | court of the
United States.
| ||||||
21 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
22 | 94-715, eff. 12-13-05 .)
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